The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 european parliamentary elections rules N.I.

Textual Amendments

F1 Sch. 6 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 42, Sch. 4

3.   In rule 19(2) (ballot papers), after sub-paragraph (c) insert— N.I.

“(d) must be of a different colour from that of any ballot paper used at any relevant election.”.

4.   In rule 24 (notice of poll), after paragraph (2) insert— N.I.

“(3) The notice published under paragraph (2)—

(a) must state that the poll at the European Parliamentary election is to be taken with the poll at a relevant election;

(b) must specify the relevant parliamentary constituency or district council.”.

5.   In rule 29 (issue of official poll cards), after paragraph (5) insert— N.I.

“(5A) An official poll card issued under this rule may be combined with an official poll card issued at a relevant election, with necessary adaptation.”.

6.   In rule 30 (equipment of polling stations)— N.I.

(a) after paragraph (1) insert—

“(1A) The same ballot box may be used for the poll at the European Parliamentary election and the poll at each relevant election.

(1B) Where the same ballot box is not used under paragraph (1A), each ballot box must be clearly marked with—

(a) the election to which it relates, as shown on the ballot papers for that election; and

(b) the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here”.”;

(b) after paragraph (5) insert—

“(5A) The large version of the ballot paper referred to in paragraph (5)(a) above must be printed on paper of the same colour as that of the ballot papers for use at the European Parliamentary election.”;

(c) in paragraph (6), for “inside and outside every polling station” substitute “outside every polling station and in every compartment of every polling station”;

(d) after paragraph (6) insert—

“(6A) The notice referred to in paragraph (6) must—

(a) clearly indicate the election to which it relates; and

(b) be printed on paper of the same colour as the ballot papers (other than tendered ballot papers) used at the election to which it relates.”; and

(e) omit paragraph (7).

7.   In rule 34(1) (admission to polling station), after sub-paragraph (g) insert— N.I.

“(ga) persons entitled to be admitted at a relevant election.”.

8.   In rule 37 (questions to be put to voters), in questions 1(b), 2(b) and 3 in the table in paragraph (1) on each occasion on which it occurs after “at this” insert “European Parliamentary election”. N.I.

9.   In rule 39 (voting procedure), after paragraph (10) insert— N.I.

“(11) The same copy of the register (or as the case may be, the notice issued under section 13BA(9) of the 1983 Act) may be used under paragraph (1) above for each relevant election and one mark may be placed in that register (or on that notice) under paragraph (1)(c) above or in the list of proxies under paragraph (1)(d) above to denote that a ballot paper has been received in respect of each relevant election; except that, where a ballot paper has been issued in respect of only one election, a different mark must be placed in the register (or on the notice) or list (as the case may be) so as to identify the election in respect of which the ballot paper is issued.”.

10.   In rule 40 (votes marked by presiding officer) after paragraph (4) insert— N.I.

“(4A) The same list may be used under paragraph (3) for each relevant election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were marked in pursuance of this rule in respect of each election, unless the list identifies the election at which the ballot paper was so marked.”.

11.   In rule 41 (voting by persons with disabilities) after paragraph (6) insert— N.I.

“(6A) The same list may be used under paragraph (5) for each relevant election and, where it is so used, an entry in that list shall be taken to mean that votes were given in accordance with this rule in respect of each election, unless the list identifies the election at which the vote was so given.”.

12.   In rule 43 (tendered ballot papers: general provisions) after paragraph (3) insert— N.I.

“(3A) The same list may be used under paragraph (2) for each relevant election and, where it is so used, an entry in the list shall be taken to mean that the tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.”.

13.   In rule 46 (alteration of registers) at the end of paragraph (1) insert— N.I.

• “The same list may be used for each relevant election and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election unless the list identifies the election for which a ballot paper was issued.”

14.   In rule 48 (procedure on close of poll)— N.I.

(a) in paragraph (1) after “polling agents” where those words first appear insert “appointed for the purposes of the European Parliamentary election and those appointed for the purposes of each relevant election”;

(b) after paragraph (1) insert—

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) above shall not be combined with the contents of packets made up under the corresponding rule that applies at each relevant election; nor shall the statement prepared under paragraph (3) below be so combined.”.

15.   At the end of rule 53 (preliminary proceedings and conduct of the count) insert— N.I.

“(6) Where separate ballot boxes have been used, no ballot paper marked in respect of the European Parliamentary election shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election.”

16.   In rule 72 (party candidate)— N.I.

(a) after paragraph (2) insert—

“(2A) Neither the countermand of the poll at the European Parliamentary election nor the direction that the poll be abandoned affects the poll at any relevant election.”;

(b) in paragraph (3) after “with reference to the” insert “European Parliamentary”.

17.   In rule 73 (abandoned poll) for paragraphs (2) to (6) substitute— N.I.

“(2) No further ballot papers at the European Parliamentary election shall be delivered in any polling station.

(3) At the close of the poll for any relevant election the presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery of ballot boxes and ballot papers and other documents as he would be required to take if the European Parliamentary election has not been abandoned except that he must deliver or cause them to be delivered to the returning officer.

(4) It is not necessary for a ballot paper account for the European Parliamentary election to be prepared or verified.

(5) Having separated the ballot papers relating to any relevant election, the returning officer must take no step or further step for the counting of the ballot papers used at the European Parliamentary election or of the votes.

(6) The returning officer must seal up all of the ballot papers used at the European Parliamentary election whether the votes have been counted or not and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(6A) The returning officer (as the Chief Electoral Officer for Northern Ireland) must retain the ballot papers used at the European Parliamentary election and other documents in his possession as he is required to do on the completion in due course of the counting of the vote at any relevant election”.]